Italian law
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By In Inheritance Law, Italian law, Law

Right of Representation in Italian Succession

Representation is the right of a descendant to replace an ascendant if the latter is unable or unwilling to accept an inheritance or legacy.

In order to take place, it must be based on two premises:

-The ascendant, who does not wish to or is unable to succeed, must legally be entitled to succeed;

-In case of testamentary succession, there must be no other provisions made by the testator which prevail over representation. (more…)

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By In EU Divorce Law, EU provisions, Italian Divorce Law, Italian law, Law

De Tullio Law Firm Reviews Italian and EU Divorce Law

Living in a cross-cultural relationship

Italian Divorce Law is one of the frequent questions our clients address to our law firm. Many of them and many friends and family members, in fact, are part of a cross-cultural relationship and for the most part it is an enriching and beautiful Divorce lawexperience but it can also difficult to manage.

When it comes to marriage and children it is wise to speak to experts, both for emotional support and legal support. Regrettably, international separations and divorces are becoming more common.

Obviously, people don’t enter in to married life thinking about where the best location for a divorce would be. However, where couples choose to divorce can have a major impact on both parties’ financial health, so getting it right is very important. Delays in deciding this could result in a disastrous outcome. (more…)

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By In Inheritance, Inheritance Law, Italian law, Law, Notary

How can an English-speaking Italian inheritance lawyer help with the Italian inheritance process?

Italian Inheritance lawyerThe Italian inheritance process can be a complex process

If you have been named as a beneficiary of assets in Italy, and you have decided to accept your Italian inheritance, it is a good idea to use a specialist Italian Inheritance lawyer to help support you. The Italian inheritance process can be a complex process, so obtaining the right legal advice and having the right lawyer on your side will be massively beneficial in helping you get through it. Especially if you are not resident in Italy. This article looks at some of the reasons why you should engage legal services. (more…)

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By In Inheritance, Inheritance Law, Italian law, Italian Property, Law, Notaio, Notary, Property law

Italian Succession Law – An Overview

Introduction

Italian succession law follows the Roman Law principle which gives some protection to close members of the family, partially limiting the right of the testator to dispose of assets. Italian Succession Law

Testamentary Succession consists in the assignment of hereditary assets in compliance with the wishes of the testator as set out in an Italian Will. In the absence of a Will, instead, inheritance is devolved following the principles of Legal Succession. (more…)

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By In Inheritance, Inheritance Law, Italian law, Italian Property, Law, Notaio, Notary, Property law

Italian Inheritance Law Regulation

Italian Inheritance principle

The law no. 218 of the 31st of May 1995 regulates the field of Italian inheritance law in the framework of international private law.Italian Inheritance

The succession rules are determined on the basis of the national law of where the decedent was deemed habitually resident at the time of death.

Italian Inheritance legislation adopts the principle of “unity of inheritance”. This principle differs substantially from the one adopted in common law countries. It is based on a division between non-property assets and property assets: (more…)

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By In EU provisions, Italian law, Law

Elective Residence Visa – What to do to obtain access to Italy

Elective residenceWhat is a national visa for elective residence?

The visa for elective residence grants access to Italy to foreigners wishing to reside in the country and who are able to subsidise themselves financially, without carrying out any working activity.

Article 13 of Attachment A of the inter-ministerial Decree MAE n°850 from 2011 defines the types of entrance visas and the requirements needed to obtain them.

What paperwork is necessary to obtain a visa for elective residence? (more…)

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By In Inheritance, Inheritance Law, Italian law, Italian Property, Law, Notaio, Notary, Property law

What is the role of Italian Probate Solicitors?

Italian probate solicitorsThe role of Italian Probate Solicitors

Italian probate solicitors assist with the execution of a Will and the legal procedures of Italian inheritance issues. Engaging the services of a competent and knowledgeable lawyer simplifies the administration of an estate.

Having an independent lawyer will assist with collecting all the documentation relating to property, assets and or land. It speeds up the identification and location of the beneficiaries entitled to the estate of the deceased. (more…)

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By In Inheritance, Inheritance Law, Italian law, Law

Collaboration with Lo Schiavo Genealogica

We are pleased and proud to announce our collaboration with “Lo Schiavo Genealogica”, an international research firm that specialises in Italian genealogical research, Italian-American dual citizenship, and Italian-American probate cases.

Owner, Melanie D. Holtz, is a board-certified genealogist, writer, and lecturer with over 20 years’ experience in the genealogy field.

Melanie started out by researching her own Italian ancestors, who emigrated from the Italian province of Palermo at the end of the 19th century. Melanie brings her love of family and passion for all things Italian to her work. (more…)

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By In EU Divorce Law, EU provisions, Inheritance, Inheritance Law, Italian Divorce Law, Italian law, Italian Property, Italian Real Estate, Law, Law Firms in Italy, Notaio, Notary, Property law, Real Estate Law

The Law of Economic Relationship between Foreign Married Couples Resident in Italy

Foreign Married Couples Resident in ItalyThis article deals with the issue of the choice of law ruling the economic relationship between foreign married couples resident in Italy.

Matrimonial regime in Italy, “Regime patrimoniale coniugale” in Italian, is governed by Italian Civil Code. Italian law no. 218 of the 1995 amendment reforming international private law, determines applicable law.

Concerning the economic relationship between married couples, if they have the same nationality, the national law of the two partners will be enforced. (more…)

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By In Inheritance, Inheritance Law, Italian law, Law, Law Firms in Italy, Notaio, Notary

Searching for Wills in Italy

Wills in ItalyMy clients often engage me when they need assistance with searching for Wills in Italy. As a matter of fact, it sometimes happens that I receive instructions to administer an estate where the executors and/or beneficiaries are unable to find a Will. They may have a copy but cannot find the original, or they may have been told that a Will was made, but they are unable to locate it amongst the deceased’s belongings.

Probate cannot be started until the original and latest Will is found. If no Will comes to light, the decedent may be declared intestate, in which case the State will decide how the estate is divided. (more…)

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